Bos v. People's National Bank

Citations

• 41 Pa. Super. 388
• 1909 Pa. Super. LEXIS 72

Syllabus

<p>Banks and banking — Fraud on depositor — Evidence—Case for jury.</p> <p>1. In an action by an illiterate depositor against a bank to recover the amount of his deposit, the case is for the jury where the testimony of the plaintiff himself tends to show that he was misled by the representations of an officer in charge of one of the departments of the bank, into accepting the individual obligation of the officer under the belief that he was receiving an obligation of the bank for the repayment of his deposit with interest thereon.</p> <p>2. In such a case the plaintiff cannot prove by another witness, that in an independent transaction the same bank officer had undertaken to defraud the witness in a manner similar to the way in which the plaintiff had been defrauded.</p>